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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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In Texas, if you are NOT spouses but you have a homestead with another person, can you con

Customer Question

In Texas, if you are NOT spouses but you have a homestead with another person, can you convey the property to someone else without the other person's signature? Family code only address spouses of homestead but TX constitution says "claimant or owner" cannot convey. please clarify thanks
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today.
A person could convey HIS INTEREST in a homesteaded property to a third party. He could not transfer the entire property without the consent of the other homeowner. The law that you're talking about is designed so that one spouse who owns a house outright cannot unilaterally render the other homeless - it doesn't apply to non-spouses.
The transfer would destroy any joint tenancy that existed, and the individuals involved would instead own the property as tenants in common. That means there's no right of survivorship if one of the owners passes away.
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